Agenda 07/07/2015 Item #16C67/7/2015 16.C.6.
EXECUTIVE SUMMARY
Recommendation to approve Contract 14 -6345, "Construction, Engineering, and Inspection
Services for the Wastewater Basin Program," Project Numbers 71010, 70043, 70044, 70046, 70050,
and 70051, with three firms: AECOM Technical Services, Inc., Stantec Consulting Services, Inc.,
and Hole Montes, Inc.
OBJECTIVE: To obtain expert professional Construction Engineering and Inspection (CEI) services for
wastewater collection, water distribution, and stormwater system construction projects.
CONSIDERATIONS: The proposed scope of work under Project Numbers 71010, "Distribution
System Technical Support Program;" 70043, "Gravity Transmission System Technical Support
Program;" 70044, "Force Main Transmission System Technical Support Program;" 70046, "Pump
Station Technical Support Program;" 70050, "Master Pump Station Technical Support Program;" and
70051, "Collections Power Systems Technical Support Program" is consistent with the Capital
Improvement Program (CIP) contained in the Water, Wastewater, Irrigation Quality Water, and Bulk
Potable Water User Rate Study approved by the Board of County Commissioners (Board) on June 10,
2014, as Agenda Item 11C. Funding for Project Numbers 71010, 70043, 70044, 70046, 70050 and 70051
is available in, and consistent with, the FY2015 CIP Budget.
On September 11, 2012, as agenda item I LE, the Board approved the engineering design contracts for
wastewater system improvements in Basins 101, 305 and 306. The design of several of those
improvements is complete and the projects are set for construction. Professional CEI oversight services
are required to assure construction contract compliance for these and other construction projects within
the Basin, Water Distribution, and Wastewater Collection System Programs.
On March 10, 2015, as agenda item 16.C.1, the Board approved the selection committee rankings and
authorized staff to enter into negotiations with AECOM Technical Services, Inc., Stantec Consulting
Services, Inc., and Hole Montes, Inc., for three separate contracts under Request for Proposal No. 14-
6345. Multiple technical support projects, Project Numbers 71010, 70043, 70044, 70046, 70050 and
70051, are being combined to fund this portion of the Wastewater Basin Program. At this time, staff is
seeking the approval of the proposed contracts for each of the three Board - approved CEI consultants.
The structure of the proposed contracts assures that there will be different firms for design services and
for CEI services in each of the basins, as shown in the table below:
Wastewater Basin No.
Design Firm
Contract 11 -5782
CEI Firm
Contract 14 -6345
Basin 101
CDM Smith, Inc.
Stantec Consulting Services, Inc.
Basin 305
Hole Montes, Inc.
AECOM Technical Services, Inc.
Basin 306
AECOM Technical Services, Inc.
Hole Montes, Inc.
Appropriate areas within the Wastewater Basin Program will include cooperative collaborative
construction projects of the Water Division of the Public Utilities Department and the Stormwater
Division of the Growth Management Department, resulting in a coordinated, multifaceted construction
program that impacts residents with construction only once.
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Several projects have either been bid for construction or are about to be bid. CEI services associated with
these projects are now required. Per the terms and conditions of the contract, purchase orders for CEI-
related services in excess of $200,000 will require future separate Board approval.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2015 Capital Budget approved
by the Board on September 18, 2014. The sources of funding are the Wastewater User Fee Fund (414),
Water User Fee Fund (412) and Stormwater Fund (325).
GROWTH MANAGEMENT IMPACT: This project meets the current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been approved as the form and legality and requires
majority vote for approval. - CMG
RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of
the Collier County Water -Sewer District,
1. Approve Contract 14 -6345 with three firms: AECOM Technical Services, Inc., Stantec Consulting
Services, Inc., and Hole Montes, Inc., for professional Construction Engineering and Inspection
services, and
2. Authorize the Chairman to execute the attached contracts after review and approval by the County
Attorney's Office.
Prepared By: Craig Pajer, PE, Principal Project Manager, Public Utilities Planning and Project
Management Division
Attachments:
1) Agenda Item 16C1 (6/10/15), BCC Approved Rankings
2) Proposed Contract — AECOM
3) Proposed Contract — Hole Montes
4) Proposed Contract — Stantec
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.6.
Item Summary: Recommendation to approve Contract 14 -6345, "Construction,
Engineering, and Inspection Services for the Wastewater Basin Program," Project Numbers
71010, 70043, 70044, 70046, 70050, and 70051, with three firms: AECOM Technical Services,
Inc., Stantec Consulting Services, Inc., and Hole Montes, Inc.
Meeting Date: 7/7/2015
Prepared By
Name: PajerCraig
Title: Project Manager, Principal, Public Utilities Department
6/13/2015 5:45:45 AM
Submitted by
Title: Project Manager, Principal, Public Utilities Department
Name: PajerCraig
6/13/2015 5:45:46 AM
Approved By
Name: NagySteve
Title: Manager - Wastewater Collection, Public Utilities Department
Date: 6/15/2015 7:04:46 AM
Name: KurtzGerald
Title: Project Manager, Principal, Growth Management Department
Date: 6/15/2015 8:26:31 AM
Name: Oscar Martinez
Title: Project Manager, Senior, Public Utilities Department
Date: 6/15/2015 8:45:20 AM
Name: JohnssenBeth
Title: Division Director - Wastewater, Public Utilities Department
Date: 6/15/2015 12:43:55 PM
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Name: Steve Messner
Title: Division Director - Water, Public Utilities Department
Date: 6/16/2015 10:31:58 AM
Name: HapkeMargie
Title: Recycling Coordinator, Public Utilities Department
Date: 6/16/2015 10:36:34 AM
Name: ChmelikTom
Title: Division Director - Public Utilities Eng, Public Utilities Department
Date: 6/16/2015 10:38:16 AM
Name: Joseph Bellone
Title: Division Director - Operations Support, Public Utilities Department
Date: 6/16/2015 11:48:59 AM
Name: HallSwainson
Title: Procurement Specialist, Administrative Services Department
Date: 6/19/2015 9:59:38 AM
Name: HallSwainson
Title: Procurement Specialist, Administrative Services Department
Date: 6/19/2015 9:59:50 AM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Department
Date: 6/19/2015 10:03:33 AM
Name: MarkiewiczJoanne
Title: Division Director - Purchasing & Gen Svc, Administrative Services Department
Date: 6/19/2015 10:16:44 AM
Name: JohnsonScott
Title: Manager - Procurement, Administrative Services Department
Date: 6/19/2015 10:55:09 AM
Name: YilmazGeorge
Title: Department Head - Public Utilities, Public Utilities Department
Date: 6/19/2015 12:09:46 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/22/2015 2:35:31 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 4:12:42 PM
Name: UsherSusan
7/7/2015 16.C.6.
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/26/2015 3:12:53 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/26/2015 4:17:50 PM
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9/11/2012 Item 11. E.
EXECUTIVE SUMMARY
Recommendation to approve Contract 11 -5782 for three design contracts for the "Wastewater
Basin Program," Project Numbers 70043, 70044, 70046, 70050, 70051, and 70064, in the total
amount of 55,730,468, with AECOM Technical Services, Inc., CDM Smith Inc., and Hole Montes,
Inc. to perform professional engineering services; and authorize a budget amendment in the
amount of $1,648,267.31.
OBJECTIVE: Obtain contract approval for expert professional engineering services to
rehabilitate mission critical infrastructure in the wastewater collection system.
CONSIDERATIONS: On June 24, 2008, as Agenda item 10G, the Board of County
Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the
general requirement for rehabilitating wastewater collection systems. The proposed scope of
work will be executed under multiple projects shown in the attached Table 1. These projects are
consistent with the 2010 Wastewater CIP Update. paves 2 and 3, as identified in the 2011 User
Fee Rate Study.
On February 14, 2012, as Agenda item 16.C.1, the Board, as Ea- officio the Governing Board of
the Collier County Water -Sewer District, approved the selection committee rankings and
authorized staff to enter into negotiations with AECOM Technical Services, Inc., CDM Smith.
Inc_, and Hole Montes, Inc., for three separate contracts under Request for Proposal No. 11 -5782.
Multiple technical support projects. Project Numbers 7004' ), 700441 70046, 70050, 70051, and
70064. are being combined to fund this portion of the Wastewater Basin Program. At this time
staff is seeking the approval of the proposed contracts for each of the Board - approved
engineering consultants.
On March 27, 2012. the Board requested staff to return with revised contracts that were more
explicitly defined and demonstrable. The resulting scopes of work will now provide tangible,
complete engineering designs and construction drawings for the following prioritized worst -first
areas of the infrastructure:
• Rehabilitate eight aging master pump stations, adding overflow containment and
updating them to meet current Florida Department of Environmental Protection and
Florida Building Code Standards.
• Rehabilitate 111 pump stations. eliminating below grade Leak hazards. adding
containment where feasible and emergency back -up pumping at critical pump stations.
• Alleviate potential overflow conditions that exist in Basin 101 (Naples Park).
• Replace a 40- year -old sub- aqueous force main crossing with an aerial crossing at the
I I It" Street bridge.
• Provide an alternative path for wastewater to reach the South County Water Reclamation
Facility (SCWRF). Currently. 80 percent of the flow to the SCWRF goes through one
force main. Reconstruction of Master Pump Station (MPS) 306 and a force main from
MPS 306 to the SCWRF will provide a parallel path for needed reliability and
maintainabiiity (Sabal Bay).
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9/1112012 Item 11. E.
• Replace 22,865 feet of gravity sewer clay pipe.
• Replace 660 clay pipe service laterals.
• Replace 14,275 feet of wastewater force main.
The infrastructure being addressed represents the highest priority. worst -first areas based on
internal condition assessments.
Each contract contains a scope of work that has been customized based on the tasks requested in
RFP 1 1 -5782 in order to fit the needs of the particular basin that each vendor is to be working on.
Although not all requested tasks in the RFP are needed for each basin, all of the tasks in each
scope of work were requested in RFP 11-5782.
Subsequent contracts for construction of the required infrastructure as developed under these
engineering designs, as well as construction,. engineering and inspection services (CEI).. will be
presented to the Board for review and approval.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY2012 Capital Budget
approved by the Board on September 22, 201 1. The source of funding is Wastewater User Fees.
Fund ;414). A budget amendment is required from Project Numbers 72552, Lift Station Facility
Rehab, 70064. Collection System Lightning Protection. 73050, Wastewater Line Technical
Support, and 70021. Energy Efficiency Studies, all from Fund 414, in the amount of
$1.648.267.31.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office, the
contracts are each legally sufficient. and the contracts require a majority vote for approval_ - ERP
GROM'TH MANAGEMENT IMPACT: This project is consistent with and furthers the goals.
objectives. and policies of the Growth ;Management Plan to ensure the adequacy and availability
of viable public facilities.
RECOMMENDATION: That the Board of Countv Commissioners. as Ex- officio the Governin<T
Board of the Collier County Water -Sewer District.
1. approve Contract 11- 5792 to AECOM Technical Se vices. Inc., CDM Smith Inc.. and
Hole Montes, Inc., for professional engineering services, and authorize funding for the
initial contract phase in the amounts of S1.870.468. $1.940.000 and $1.920,000,
respectively (a total of $5,730,468): and.
authorize the Chairman to execute the contracts with each firm after approval by the
County .Attornev's Office: and.
3. Approve the necessary Budget Amendment to transfer funds in the amount of
S1.648.267.31 from Project Number 7'552 (Lift Station Facility Rehab). Project Number
70064 (Collection System Lightning Protection). Project Number 73050 (Wastewater
Line Technical Support). and Project Number 70021 (Energy Efficiency Studies) to
Project Number 70046 (Wastewater Pump Station Technical Support).
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9/1112012 Item 11. E.
Prepared By: Craig Pajer, PE, Principal Project Manager, Public Utilities Planning and Project
Management Department
.Attachments:
1 j Table 1, Funding Sources: 3008 Wastewater Master Plan Update and 2011 Wastewater CIP
Update Reference Table
2) Solicitation Document for t 1 -5782
3) Proposed Contracts
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Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs"
[MPS 305 BASIN]
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 1 20_
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and
AECOM Technical Services, Inc., authorized to do business in the State of Florida, whose
business address is 4415 Metro Parkway, Suite 404, Fort Myers, FL 33916 (hereinafter referred
to as the "CONSULTANT").
W I T N E S S E T H:
WHEREAS, the OWNER desires to obtain the professional Construction Engineering
and Inspection (CEI) Services of the CONSULTANT concerning the Wastewater Basin
Programs [MPS 305 Basin] (hereinafter referred to as the "Project"), said services being more
fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
MM
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the par-ties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction Engineering and
Inspection (CEI) services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Ronald R. Cavalieri, a qualified licensed professional, to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator'). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically
those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply with public
records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
In the event of any conflicts in these requirements, the CONSULTANT shall notify the
OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding
resolution of each such conflict. OWNER'S approval of the design documents in no way
relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary
for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
and/or federal requirements and/or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
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1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by OWNER through a Change Order to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in
Article Two herein, The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement,
such authority will be as established in OWNER'S Purchasing Ordinance and Procedures in
effect at the time such services are authorized. These services will be paid for by OWNER as
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indicated in Article Five and Schedule B. Except in an emergency endangering life or property,
any Additional Services must be approved in writing via an Amendment to this Agreement prior
to starting such services. OWNER will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for
such Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT hereunder. If
OWNER determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.2. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.3. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
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2.4. Providing renderings or models for OWNER'S use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.6. Fumishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.8. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.9. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.10. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.11. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
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referred to as the "Project Manager "). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
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(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of Board approval of this Agreement through
twenty (20) years from that date, or until such time as all outstanding Purchase Orders issued
prior to the expiration of the Agreement period have been completed.
4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with
Schedule defined in each Notice to Proceed
performance of this Agreement.
Time is of the essence with respect to the
4.3. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
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CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.6. In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
ARTICLE SIX
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OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
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the five (5) year period noted above, or such later date as may be required by law; provided,
however; such activity shall be. conducted only during nnrmal hi i iness hours
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self- insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
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Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
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between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
111. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
f is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
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provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANTS remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
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Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATION'S
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
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supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
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Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239 - 252 -8407; Fax: 239 - 252 -6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
AECOM Technical Services, Inc.
4415 Metro Parkway, Suite 404
Fort Myers, FL 33916
Phone: 239 - 278 -7996; Fax: 239- 278 -0913
Attn: Ronald R. Cavalieri, Client Service Manager
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
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17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE (To be subsequently, provided
with each Notice to Proceed.)
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
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RFP # 14 -6345 Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Prnnrame Tcrmc and Conditions
�..
Consultant's Proposal
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sale and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
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"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision - making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
sea, and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Construction Engineering and Inspection (CEI) Services [MPS 305 Basin]
Services the day and year first written above.
ATTEST:
Dwight E. Brock, Clerk
By:
Date:
Approved as to Form and Le ality:
l
Assistant County Attorney
Name
Witness
Name and Title
Witness
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Tim Nance, Chairman
AECOM Technical Services, Inc.
By:
Name and Title
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Contract # 14 -6345 "Construction Engineering and Inspection (CEi) Services
for the Wastewater Basin Programs"
[MPS 345 Basin]
SCHEDULE A
SCOPE OF SERVICES
Construction Engineering and Inspection Services
Consultant's inspectors shall observe regular construction and testing activities related to the
Program as directed by the Project Manager, including rehabilitation work. Construction/testing
reports and pictures of construction will be prepared daily in the field with approved electronic
devices (Laptop PC or tablets) on the day the construction activity takes place by the
Construction inspector. All construction documentation will be provided no later than 7 PM of
the day work took place via electronic E -mail to the project manager and designated recipients.
A hard copy will be kept in the Consultant's project file.
Travel time to or from the work site will not be compensated. Additional hours outside of the
normal work day are to be compensated for at the standard hourly rate as included in the
contract schedule. Once a project begins, all changes to staffing are to be approved by Collier
County. Changes to personnel will not result in additional compensation to acclimate staff to the
project. All staff will be required to undergo a County background check and maintain a County
identification badge during the contract period at the firm's expense.
Consultant's inspectors and their alternates should be certified for Class II Asbestos Work (8
hour OSHA course) and keep the certification current thru the entire construction project.
The CEI services will include the following tasks:
Task 1.0 — Construction Observation and Documentation
Task 2.0 — Construction Inspector and Project Oversight
Task 3.0 — Additional Services
Task 1.0 — Construction Observation and Documentation
The Consultant's construction inspector (or activity observer) will provide the services outlined
below.
1.1 — Construction/Testing Observation — The construction inspector will conduct on -site
observations and inspections of all construction /testing activities on the Project on a full or part
time basis unless directed otherwise by the project manager to ensure that all work is completed
in accordance with the Contract Documents. The Construction Inspector will inform the project
manager and the on -site superintendent of the construction /testing contractor of any concerns
related to conformance of the work with the Contract Documents (a concern or an issue) as an
attempt to resolve any concern or issue on -site. If the concern or issue is not immediately
resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and
the project manager in writing about the concern or issue within eight (8) business hours, but not
more than one (1) business day after the discovery of any concern or issue. The FOR will be
responsible for investigating the concern or issue and resolving the same through a written
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directive to the construction contractor and so inform the project manager and the Construction
Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes
aware of any construction that is unsatisfactory, faulty or defective, does not conform to the
Contract Documents, does not meet the requirements of any inspections, tests or approval
required to be made, or has been damaged before final payment. The Construction Inspector
will maintain a separate Issue Resolution Log documenting any issue or concern that is
conveyed in writing to the EOR, including the written directive resolving the issue or concern.
1.2 - Log and Construction Documentation — The construction inspector will prepare a daily log
with pictures recording activities and details related to the work on a form approved in advance
by the project manager. information will be recorded in the log when at the Project Site. Log
entries will record all relevant aspects of the construction observed while on site including, but
not limited to: construction crew (labor) details, equipment used, materials used, compliance
testing and inspection performed, weather, temperature, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
other details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. in addition to the construction details, the
daily log will contain information related to: time and hours on the job site, weather conditions,
data pertaining to questions of quantities of materials used, extras or deductions, list of visiting
officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test procedures,
conformance inspection of materials and fittings, name plate data for equipment and material
installed, customer service field log, and other information requested by the project manager.
Logs, photograph files and other construction documentation will be provided to the project
manager by the Construction inspector on a daily basis in an electronic file via E -mail, on a
digital CD only if requested by the project manager and a printed copy to be maintained on the
project site in the inspector's trailer. All daily reports shall be prepared in the field.
1.3 — Photographic and Video Record — The Construction inspector will provide a
comprehensive digital photographic record of all construction activities related to the Project.
The digital file names will be referenced in the log along with a brief description of the
photograph, the date and time of the photograph and the name of the photographer. The digital
files will be transferred via E -mail to the project manager on a daily basis, to a digital CD if
requested by the project manager, and submitted on a daily basis along with the construction
documentation. The photographs may be electronic sent via E -mail to the project manager on a
daily basis. If requested by the project manager, pictures will be printed in high resolution color,
two captioned photos per 8 Mz" x 11" sheet, printed one side only. The prints if requested will be
provided to the project manager when needed. If requested by the project manager, video will be
provided in digital format on DVD bi- weekly.
1.4 - General Coordination — The Construction inspector will coordinate all activities related to
the Project between the construction contractor, the FOR and the project manager. The
Construction inspector will oversee substantial and final completion inspections, and prepare
and maintain the punch list, including follow -up inspections to ensure that punch list items are
corrected and /or completed. Coordination may also include, at the project manager's direction,
coordination with the County Utilities Department for testing and construction of required
connections to existing facilities. The Construction Inspector will also coordinate, as directed by
the project manager, with residents, business owners, and the general public. The County
reserves the right to remove any Construction Inspectors from a project at any time for failure to
adhere to County policies and procedures.
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1.5 - Observe Regulatory Agency Inspections — The Construction Inspector will accompany
visiting inspectors representing any regulatory agencies having jurisdiction over the Project and
will record all discussions and the outcome of these regulatory inspections in the logs. The
Construction inspector will always notify the project manager prior to any such inspections.
1.6 - Construction Progress Meetings — The Construction Inspector will coordinate bi- weekly
progress meetings chaired by the project manager, attended by the construction contractor to
review project status and identify issues that may affect the Project. The Construction Inspector
will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting
and issue written meeting notes identifying a summary of the discussion, conclusions and any
risks that have been encountered or are expected within two (2) days after the meeting to the
project manager, EOR, and the construction contractor.
1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR
recommends that the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection the Construction inspector will prepare a
punch list of items requiring completion or correction to the satisfaction of the FOR and the
project manager. The Construction Inspector will be responsible for maintaining the punch -list
and issuing updates to the punch -list on a weekly basis. The Construction inspector will
coordinate and participate in the final walk- through to ensure that the punch -list items are
completed to the satisfaction of the FOR and the project manager. All services related to the
Substantial Completion Inspection shall be provided in writing and pictures to the project
manager for the Project.
1.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the FOR and the project manager, the Construction Inspector will conduct final
inspections of portions of the project, as they are finished to determine if construction has been
completed in accordance with the Contract Documents and the construction contractor has
fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project
manager, and the Construction inspector will judge the work complete or not complete. If the
work is judged complete, the Construction inspector will issue a "notice of final acceptance and
recommendation for final payment ". If the work is judged not complete, the Construction
inspector will issue written instructions to the construction contractor identifying the work judged
not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be
scheduled to verify that the outstanding issues have been resolved and the Construction
inspector can issue a "notice of final acceptance and recommendation for final payment ". All
services related to the Final Completion Inspection shall be provided to the project manager of
the Project.
1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the FOR in responsible charge of the work provided by
the Construction inspectors stating that the "Project has been completed by the construction
contractor in accordance with the Plans and Specifications of the Contract Documents as
amended by the Engineer of Record ". All services related to the Final Construction Certification
shall be provided to the project manager of the Project.
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1.10 — Public Information Web Site — The county may elect the selected consultant to provide
weekly project update on a project specific web site in order to advise the public of a project's
progress and upcoming construction activities.
TASK 2.0 — Construction Inspector and Project Oversight
2.1 - General Management and Oversight — The Construction inspector will provide support
services customarily related to the construction observation and inspection of similar projects
including, but not limited to the following:
a. Participate in a pre - construction meeting with the project manager, EOR, and the
general contractor.
b. Participate in other meetings as described or implied herein.
C. Review and verify correctness of the construction contractor's monthly applications
for payment and accompanying data and recommend approval of payments due to
the construction contractor. The Construction inspector's recommendation of any
payment requested in an application for payment shall constitute a representation
by the Construction inspector to the project manager as an experienced and
qualified professional, that based on Construction inspector's onsite observations
and inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the
work is constructed in accordance with the Contract Documents. The Construction
inspector will process pay requests in accordance with the Florida Prompt
Payment Act. All incoming pay requests processed by the Construction inspector
shall be mechanically stamped with the date received.
d. The Construction inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to
the project manager and EOR.
e. The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided
by the EOR.
Within one week after the construction contractor notifies the FOR and the project
manager that the Work on the Project is substantially complete in accordance with
the Contract Documents, the Construction inspector will provide a signed and
sealed certification by a professional engineer registered in the State of Florida,
that the Work was done under his supervision and performed in accordance with
the Contract Documents, including all approved shop drawings and change orders
except as noted.
2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The
Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of
interpretations and clarifications of Contract Documents during construction. The Design
Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation
and clarification of Contract Documents. The Construction inspector shall coordinate the Design
Engineer's (EOR) decisions and responses with the construction contractor.
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2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project
records, including but not limited to delivery schedules, inventories and construction reports.
2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil
"mark -up" notations and sketches on full size construction plans that reflect the actual details of
constructed facilities. These Constructed Field Drawings will be used by the Construction
inspector to validate the "As Built' documentation provided by the construction contractor. The
Construction inspector will notify the project manager, FOR and the construction contractor of
any differences in the documents maintained by the general contractor and the Construction
inspector on a weekly basis for resolution by the EOR.
2.5 — Start -up and Re- commissioning Support — The Construction inspector will assist the
project manager, the EOR, and the construction contractor during start -up of each segment
designated for Beneficial Use by the FOR and project manager, including but not limited to
signing off on regulatory permits and general coordination between the EOR, project manager,
and construction contractor.
2.6 Asset Management Information — Provide asset management information of the constructed
infrastructure in a format specified by Collier County.
Task 3.0 — Additional Services
3.1 — Additional Services (only as authorized in writing) —In accordance with the contract or
purchase order, in the event that other services may arise during the course of the work, but
were not envisioned as part of the original or amended scope of work; Engineer shall submit a
proposal to perform Additional Services prior to the performance of the work. The proposal shall
include the specific services to be performed, time to complete, compensation, and an
explanation as to why the services were not previously envisioned as part of the scope of work.
The proposed Additional Services must be approved by the project manager in writing in
advance of performance of said Additional Services. Failure to notify the project manager in
writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such
services were Additional Services. Written authorization from the project manager will be
required for any charges that exceed the predetermined upper limit.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Prograrns"
[MPS 305 Basin]
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of
Corinne Trtan, 3339 East Tamiami Trail, Suite 303, Naples, FL 34112, (239) 252 -4233.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, all in
accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect
payroll related costs and fringe benefits, all in accordance with and not in excess of the
rates set forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
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under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
8.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1, CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule 8, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
8.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
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8.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings
and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S.
Further, such expenses, if approved by OWNER, may include mileage for trips
that are from /to destinations outside of Collier or Lee Counties. Such trips within
Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs"
[MPS 305 Basin]
SCHEDULE B
Attachment I
Title
Standard Hourly
Rate
Principal
$
213.00
Senior Project Manager
$
178.00
Project Manager
$
152.00
Senior Engineer
$
162.00
Engineer
$
127.00
Senior Inspector
$
100.00
Inspector
$
78.00
Senior Planner
$
143.00
Planner
$
113.00
Senior Designer
$
117.00
Desi ner
$
97.00
Environmental Specialist
$
112.00
Senior Environmental Specialist
$
138.00
Scientist/Geologist
$
96.00
Senior Scientist/Geologist
$
122.00
Marine Biolo ist/H dro eolo ist
$
113.00
Senior Marine Biolo ist/H dro Bolo is
$
142.00
Senior GIS Specialist
$
143.00
GIS Specialist
$
105.00
Clerical /Administrative
$
64.00
Senior Technician
$
88.00
Technician
$
74.00
Surveyor and Mapper
$
124.00
CADD Technician
$
83.00
Survey Crew — 2 man
$
134.00
Survey Crew -- 3 man
$
166.00
Survey Crew — 4 man
$
195.00
Senior Architect
$
159.00
Architect
$
125.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and the firm as needed for the Project.
END OF SCHEDULE B.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs"
[MPS 305 BASIN]
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
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shall relieve CONSULTANT of this requirement to provide notice, In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultants services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
I herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
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the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
—X— $500,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable —x Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X_ Not Applicable
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COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an 'occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement.. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
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away from
premises owned by or rented
to you." Applicable
deductibles or
self - insured
retentions
shall be the sole responsibility
of CONSULTANT.
Deductibles or
self- insured
retentions
carried by the CONSULTANT
shall be subject to
the approval
of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable _X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
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Bodily Injury & Property Damage - $ 500,000
_X— Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X_ $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER,
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(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %4) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
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renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self- insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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Contract # 14-6345 "Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs"
[MPS 305 BASIN]
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants` Competitive Negotiation Act, Section 287.055, Florida
Statutes, AECOM Technical Services, Inc. hereby certifies that wages, rates and other factual
unit costs supporting the compensation for the services of the CONSULTANT to be provided
under the Professional Services Agreement, concerning Construction Engineering and
Inspection (CEI) Services for the Wastewater Basin Program [MPS 305 Basin] are
accurate, complete and current as of the time of contracting.
AECOM Technical Services, Inc.
ME
TITLE:
DATE:
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs"
[MPS 305 BASIN]
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Additional subconsultants and subcontractors may be added to this Agreement as needed for
the project requirements in accordance with Schedule B.
Title Personnel Category
Ronald Cavalieri
Richard Ulkus
Dawn Jakiela
Fred Sexton
Principal -in- Charge
CEI Manager
Program Manager
Construction Supervisor
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs"
[MPS 306 Basin]
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and
Hole Montes, Inc., authorized to do business in the State of Florida, whose business address is
950 Encore Way, Naples, FL 34110 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Construction Engineering
and Inspection (CEI) Services of the CONSULTANT concerning the Wastewater Basin
Programs [MPS 306 Basin] (hereinafter referred to as the "Project "), said services being more
fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated
herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Construction Engineering and
Inspection (CEI) services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation ", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and /or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Ronald Benson, a qualified licensed professional, to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator "). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT TANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically
those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply with public
records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
In the event of any conflicts in these requirements, the CONSULTANT shall notify the
OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding
resolution of each such conflict. OWNER'S approval of the design documents in no way
relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary
for successful construction of the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and /or deficient documents, failure to comply with local, state
and /or federal requirements and /or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all - inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non- performance whether or not the County obtained substitute performance.
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1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by OWNER through a Change Order to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in
Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement,
such authority will be as established in OWNER'S Purchasing Ordinance and Procedures in
effect at the time such services are authorized. These services will be paid for by OWNER as
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indicated in Article Five and Schedule B. Except in an emergency endangering life or property,
any Additional Services must be approved in writing via an Amendment to this Agreement prior
to starting such services. OWNER will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for
such Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT hereunder. If
OWNER determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.2. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.3. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
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2.4. Providing renderings or models for OWNER'S use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.8. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.10. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager'). The Project Manager shall have authority to transmit
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instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER'
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
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(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of Board approval of this Agreement through
twenty (20) years from that date, or until such time as all outstanding Purchase Orders issued
prior to the expiration of the Agreement period have been completed.
4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with
Schedule defined in each Notice to Proceed. Time is of the essence with respect to the
performance of this Agreement.
4.3. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
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CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.6. In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
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ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
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the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2. All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3. All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSUL T ANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self -
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self - insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5. All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
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Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
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between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
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provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANTSs remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
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Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. in accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E. certifying that wage rates and other factual unit costs
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supporting the compensation for CONSULTANT'S services to be provided under this
Aareement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239- 252 -8407; Fax: 239- 252 -6480
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16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Hole Montes, Inc.
950 Encore Way
Naples, FL 34110
Phone: Telephone: 239 -254 -2000; Fax 239 - 254 -2098
Attn: Ronald Benson, Senior VP
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
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17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE (To be subsequently, provided
with each Notice to Proceed.)
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 14 -6345 Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs Terms and Conditions
Consultant's Proposal
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
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services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2. By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public entity in excess of the threshold
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amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision- making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision - making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1886 as located at 8 U.S.G. 1324, et
seg. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Construction Engineering and Inspection (CEI) Services Services the day
and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Tim Nance, Chairman
Approved as to Form and Legalit y:
(PP)
Assistant County Attorney
Name
Witness
Name and Title
Witness
Name and Title
Hole Montes. Inc.
Name and Title
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [NIPS 306 Basin]
SCHEDULE A
SCOPE OF SERVICES
Construction Engineering and Inspection Services
Consultant's inspectors shall observe regular construction and testing activities related to the
Program as directed by the Project Manager, including rehabilitation work.. Construction /testing
reports and pictures of construction will be prepared daily in the field with approved electronic
devices (Laptop PC or tablets) on the day the construction activity takes place by the
Construction inspector. All construction documentation will be provided no later than 7 PM of
the day work took place via electronic E -mail to the project manager and designated recipients.
A hard copy will be kept in the Consultant's project file.
Travel time to or from the work site will not be compensated. Additional hours outside of the
normal work day are to be compensated for at the standard hourly rate as included in the
contract schedule. Once a project begins, all changes to staffing are to be approved by Collier
County. Changes to personnel will not result in additional compensation to acclimate staff to the
project. All staff will be required to undergo a County background check and maintain a County
identification badge during the contract period at the firm's expense.
Consultant's inspectors and their alternates should be certified for Class 11 Asbestos Work (8
hour OSHA course) and keep the certification current thru the entire construction project.
The CEI services will include the following tasks:
Task 1.0 — Construction Observation and Documentation
Task 2.0 — Construction Inspector and Project Oversight
Task 3.0 — Additional Services
Task 1.0 — Construction Observation and Documentation
The Consultant's construction inspector (or activity observer) will provide the services outlined
below.
1.1 — Construction/Testing Observation — The construction inspector will conduct on -site
observations and inspections of all construction /testing activities on the Project on a full or part
time basis unless directed otherwise by the project manager to ensure that all work is completed
in accordance with the Contract Documents. The Construction Inspector will inform the project
manager and the on -site superintendent of the construction /testing contractor of any concerns
related to conformance of the work with the Contract Documents (a concern or an Issue) as an
attempt to resolve any concern or issue on -site. If the concern or issue is not immediately
resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and
the project manager in writing about the concern or issue within eight (8) business hours, but not
more than one (1) business day after the discovery of any concern or issue. The FOR will be
responsible for investigating the concern or issue and resolving the same through a written
directive to the construction contractor and so inform the project manager. and the Construction
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Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes
aware of any construction that is unsatisfactory, faulty or defective, does not conform to the
Contract Documents, does not meet the requirements of any inspections, tests or approval
required to be made, or has been damaged before final payment. The Construction Inspector
will maintain a separate Issue Resolution Log documenting any issue or concern that is
conveyed in writing to the EOR, including the written directive resolving the issue or concern.
1.2 - Log and Construction Documentation — The construction inspector will prepare a daily log
with pictures recording activities and details related to the work on a form approved in advance
by the project manager. Information will be recorded in the log when at the Project Site. Log
entries will record all relevant aspects of the construction observed while on site including, but
not limited to: construction crew (labor) details, equipment used, materials used, compliance
testing and inspection performed, weather, temperature, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
other details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction details, the
daily log will contain information related to: time and hours on the job site, weather conditions,
data pertaining to questions of quantities of materials used, extras or deductions, list of visiting
officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test procedures,
conformance inspection of materials and fittings, name plate data for equipment and material
installed, customer service field log, and other information requested by the project manager.
Logs, photograph files and other construction documentation will be provided to the project
manager by the Construction inspector on a daily basis in an electronic file via E -mail, on a
digital CD only if requested by the project manager and a printed copy to be maintained on the
project site in the inspector's trailer. All daily reports shall be prepared in the field.
1.3 — Photographic and Video Record — The Construction inspector will provide a
comprehensive digital photographic record of all construction activities related to the Project.
The digital file names will be referenced in the log along with a brief description of the
photograph, the date and time of the photograph and the name of the photographer. The digital
files will be transferred via E -mail to the project manager on a daily basis, to a digital CD if
requested by the project manager, and submitted on a daily basis along with the construction
documentation. The photographs may be electronic sent via E -mail to the project manager on a
daily basis. If requested by the project manager, pictures will be printed in high resolution color,
two captioned photos per 8 '/" x 11" sheet, printed one side only. The prints if requested will be
provided to the project manager when needed. If requested by the project manager, video will be
provided in digital format on DVD bi- weekly.
1.4 - General Coordination — The Construction inspector will coordinate all activities related to
the Project between the construction contractor, the FOR and the project manager. The
Construction inspector will oversee substantial and final completion inspections, and prepare
and maintain the punch list, including follow -up inspections to ensure that punch list items are
corrected and /or completed. Coordination may also include, at the project manager's direction,
coordination with the County Utilities Department for testing and construction of required
connections to existing facilities. The Construction Inspector will also coordinate, as directed by
the project manager, with residents, business owners, and the general public. The County
reserves the right to remove any Construction Inspectors from a project at any time for failure to
adhere to County policies and procedures.
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1.5 - Observe Regulatory Agency Inspections — The Construction Inspector will accompany
visiting inspectors representing any regulatory agencies having jurisdiction over the Project and
will record all discussions and the outcome of these regulatory inspections in the logs. The
r`onc4rt in�inn Inspector ��rill al;;rays notifi, the nrojert manager nrior to any such inspections.
vv1tauuvllw i i w vvw� ��+ ) r'•"' .��' �"'
1.6 - Construction Progress Meetings — The Construction Inspector will coordinate bi- weekly
progress meetings chaired by the project manager, attended by the construction contractor to
review project status and identify 'issues that may affect the Project. The Construction Inspector
will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting
and issue written meeting notes identifying a summary of the discussion, conclusions and any
risks that have been encountered or are expected within two (2) days after the meeting to the
project manager, EOR, and the construction contractor.
1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR
recommends that the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection the Construction inspector will prepare a
punch list of items requiring completion or correction to the satisfaction of the FOR and the
project manager. The Construction inspector will be responsible for maintaining the punch -list
and issuing updates to the punch -list on a weekly basis. The Construction inspector will
coordinate and participate in the final walk- through to ensure that the punch -list items are
completed to the satisfaction of the FOR and the project manager. All services related to the
Substantial Completion Inspection shall be provided in writing and pictures to the project
manager for the Project.
1.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the FOR and the project manager, the Construction Inspector will conduct final
inspections of portions of the project, as they are finished to determine if construction has been
completed in accordance with the Contract Documents and the construction contractor has
fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project
manager, and the Construction inspector will judge the work complete or not complete. If the
work is judged complete, the Construction Inspector will issue a "notice of final acceptance and
recommendation for final payment ". If the work is judged not complete, the Construction
inspector will issue written instructions to the construction contractor identifying the work judged
not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be
scheduled to verify that the outstanding issues have been resolved and the Construction
inspector can issue a "notice of final acceptance and recommendation for final payment ". All
services related to the Final Completion Inspection shall be provided to the project manager of
the Project.
1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the FOR in responsible charge of the work provided by
the Construction inspectors stating that the "Project has been completed by the construction
contractor in accordance with the Plans and Specifications of the Contract Documents as
amended by the Engineer of Record ". All services related to the Final Construction Certification
shall be provided to the project manager of the Project.
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1.10 — Public Information Web Site — The county may elect the selected consultant to provide
weekly project update on a project specific web site in order to advise the public of a project's
progress and upcoming construction activities.
TASK 2.0 — Construction Inspector and Project Oversight
2.1 - General Management and Oversight — The Construction inspector will provide support
services customarily related to the construction observation and inspection of similar projects
including, but not limited to the following:
a. Participate in a pre - construction meeting with the project manager, EOR, and the
general contractor.
b. Participate in other meetings as described or implied herein.
C. Review and verify correctness of the construction contractor's monthly applications
for payment and accompanying data and recommend approval of payments due to
the construction contractor. The Construction inspector's recommendation of any
payment requested in an application for payment shall constitute a representation
by the Construction inspector to the project manager as an experienced and
qualified professional, that based on Construction inspector's onsite observations
and inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the
work is constructed in accordance with the Contract Documents. The Construction
inspector will process pay requests in accordance with the Florida Prompt
Payment Act. All incoming pay requests processed by the Construction inspector
shall be mechanically stamped with the date received.
d. The Construction inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to
the project manager and EOR.
e. The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided
by the EOR.
Within one week after the construction contractor notifies the FOR and the project
manager that the Work on the Project is substantially complete in accordance with
the Contract Documents, the Construction inspector will provide a signed and
sealed certification by a professional engineer registered in the State of Florida,
that the Work was done under his supervision and performed in accordance with
the Contract Documents, including all approved shop drawings and change orders
except as noted.
2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The
Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of
interpretations and clarifications of Contract Documents during construction. The Design
Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation
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and clarification of Contract Documents. The Construction inspector shall coordinate the Design
Engineer's (EOR) decisions and responses with the construction contractor.
2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project
records, including but not limited to delivery schedules, inventories and construction reports.
2A — As Constructed Field Drawings — The Construction inspector shall maintain red pencil
°mark -up" notations and sketches on full size construction plans that reflect the actual details of
constructed facilities. These Constructed Field Drawings will be used by the Construction
inspector to validate the "As Built' documentation provided by the construction contractor. The
Construction inspector will notify the project manager, FOR and the construction contractor of
any differences in the documents maintained by the general contractor and the Construction
inspector on a weekly basis for resolution by the EOR.
2.5 — Start -up and Re- commissioning Support — The Construction inspector will assist the
project manager, the EOR, and the construction contractor during start-up of each segment
designated for Beneficial Use by the FOR and project manager, including but not limited to
signing off on regulatory permits and general coordination between the EOR, project manager,
and construction contractor.
2.6 - Asset Management Information — Provide asset management information of the
constructed infrastructure in a format specified by Collier County.
Task 3.0 — Additional Services
3.1 — Additional Services (only as authorized in writing) —in accordance with the contract or
purchase order, in the event that other services may arise during the course of the work, but
were not envisioned as part of the original or amended scope of work; Engineer shall submit a
proposal to perform Additional Services prior to the performance of the work. The proposal shall
include the specific services to be performed, time to complete, compensation, and an
explanation as to why the services were not previously envisioned as part of the scope of work.
The proposed Additional Services must be approved by the project manager in writing in
advance of performance of said Additional Services. Failure to notify the project manager in
writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such
services were Additional Services. Written authorization from the project manager will be
required for any charges that exceed the predetermined upper limit.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Waste-water Basin Programs" [MPS 306 Basin]
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of
Corinne Trtan, 3339 East Tamiami Trail, Suite 303, Naples, FL 34112, (239) 252 -4233.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, all in
accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect
payroll related costs and fringe benefits, all in accordance with and not in excess of the
rates set forth in the Attachment I to this Schedule B.
B2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
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equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of 1aches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
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B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings
and Specifications.
8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S.
Further, such expenses, if approved by OWNER, may include mileage for trips
that are from /to destinations outside of Collier or Lee Counties. Such trips within
Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the wastewater Basin Programs" fMPS 306 Basin]
SCHEDULE B
Attachment I
Title`
S#aridatd Hourly;
Rate
Principal
$
206.00
Senior Project Manager
$
172.00
Project Manager
$
147.00
Senior Engineer
$
157.00
En ineer
$
123.00
Senior Inspector
$
96.00
Inspector
$
76.00
Senior Planner
$
139.00
Planner
$
110.00
Senior Designer
$
114.00
Designer
$
94.00
Environmental Specialist
$
109.00
Senior Environmental Specialist
$
134.00
Scientist/Geologist
$
93.00
Senior Scientist/Geologist
$
118.00
Marine Biolo ist/H dro eolo ist
$
110.00
Senior Marine Biolo ist/H dro eolo
is
$
138.00
Senior GIS Specialist
$
139.00
GIS Specialist
$
102.00
Clerical /Administrative
$
62.00
Senior Technician
$
85.00
Technician
$
72.00
Surveyor and Mapper
$
120.00
CADD Technician
$
81.00
Survey Crew — 2 man
$
130.00
Survey Crew — 3 man
$
161.00
Survey Crew — 4 man
$
189.00
Senior Architect
$
154.00
Architect
$
121.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and the firm as needed for the Project.
END OF SCHEDULE B.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [MPS 306 Basin]
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
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coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
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the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement ft-%r �ra„iae
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
_x_ $500,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable _x Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X_ Not Applicable
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COMMERCIAL GENERAL LIABILITY
Required by this Agreement? _X_ Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products /Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
—X—General Aggregate $2,000,000
Products /Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
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away from
premises owned by or rented
to you." Applicable
deductibles or
self - insured
retentions
shall be the sole responsibility
of CONSULTANT.
Deductibles or
self - insured
retentions
carried by the CONSULTANT
shall be subject to
the approval
of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable _X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? _X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
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Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
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(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
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renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project - specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self - insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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Contract # 14 -6346 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [MPS 306 Basin]
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Hole Montes, Inc. hereby certifies that wages, rates and other factual unit costs
supporting the compensation for the services of the CONSULTANT to be provided under the
Professional Services Agreement, concerning Construction Engineering and Inspection (CEI)
Services for the Wastewater Basin Program [MPS 306 Basin] are accurate, complete and
current as of the time of contracting.
Hole Montes, Inc.
M
TITLE:
DATE:
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Contract it 44-6346 "Construction Engineering and inspection (CEI1 Services
for the Wastewater Basin Programs" [MPS 306 Basin]
SCHEDULE F
KEY PERSONNEL SUBCONSULTANTS AND SUBCONTRACTORS
Additional subconsultants and subcontractors may be added to this Agreement as needed for
the project requirements in accordance with Schedule B.
Title Personnel Cate-gory
Ronald Benson
Principal
David Schmitt
Project Manager
Byron Taylor
Project Manager
Clifford Pepper
Quality Assurance
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs"
(MPS 101 Basin]
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 20_
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and
Stantec Consulting Services Inc., authorized to do business in the State of Florida, whose
business address is 3200 Bailey Lane, Suite 200, Naples, FL 34105 (hereinafter referred to as
the "CONSULTANT ").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Construction Engineering
and Inspection (CEI) Services of the CONSULTANT concerning the Wastewater Basin
Programs [MPS 101 Basin] (hereinafter referred to as the "Project "), said services being more
fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated
herein;
and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
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ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
11. CONSULTANT shall provide to OWNER professional Construction Engineering and
Inspection (CEI) services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates David S. Wilkison P.E., a qualified licensed professional, to
serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
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the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and
requirements of any governmental agencies, and the Florida Building Code where applicable,
which regulate or have jurisdiction over the Services to be provided and performed by
CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76
F.S.), as amended, and the Florida Public Records Law Chapter 119 (including specifically
those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)) as follows:
(2) In addition to other contract requirements provided by law, each public agency
contract for services must include a provision that requires the contractor to comply with public
records laws, specifically to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
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(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost providarrii in this `rh=ntn„r nr as nthenRricc rnroviriod by la;nr
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
(3) If a contractor does not comply with a public records request, the public agency shall
enforce the contract provisions in accordance with the contract.
In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER
of such conflict and utilize its best professional judgment to advise OWNER regarding resolution
of each such conflict. OWNER'S approval of the design documents in no way relieves
CONSULTANT of its obligation to deliver complete and accurate documents necessary for
successful construction of the Project.
1.71 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and /or deficient documents, failure to comply with local, state
and /or federal requirements and /or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be ail- inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and /or items necessary to correct the deficiencies directly related to the
Consultant's non - performance whether or not the County obtained substitute performance.
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1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non - public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement -
EOP, etc), and adhere to industry standard CAD specifications.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
2.1. If authorized in writing by OWNER through a Change Order to this Agreement,
CONSULTANT shall furnish or obtain from others Additional Services of the types listed in
Article Two herein. The agreed upon scope, compensation and schedule for Additional
Services shall be set forth in the Amendment authorizing those Additional Services. With
respect to the individuals with authority to authorize Additional Services under this Agreement,
such authority will be as established in OWNER'S Purchasing Ordinance and Procedures in
effect at the time such services are authorized. These services will be paid for by OWNER as
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indicated in Article Five and Schedule B. Except in an emergency endangering life or property,
any Additional Services must be approved in writing via an Amendment to this Agreement prior
to starting such services. OWNER will not be responsible for the costs of Additional Services
commenced without such express prior written approval. Failure to obtain such prior written
approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for
such Additional Services and (ii) an admission by CONSULTANT that such Work is not
additional but rather a part of the Basic Services required of CONSULTANT hereunder. If
OWNER determines that a change in the Agreement is required because of the action taken by
CONSULTANT in response to an emergency, an Amendment shall be issued to document the
consequences of the changes or variations, provided that CONSULTANT has delivered written
notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT
knew or should have known of its occurrence. Failure to provide the forty -eight (48) hour written
notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an
adjustment to its compensation or time of performance under this Agreement. The following
services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional
Services:
2.2. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.3. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANT'S control and fault.
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2.4. Providing renderings or models for OWNER'S use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.6. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.7. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER' office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.9. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.10. Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager "). The Project Manager shall have authority to transmit
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instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
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(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. The period of service shall be from the date of Board approval of this Agreement through
twenty (20) years from that date, or until such time as all outstanding Purchase Orders issued
prior to the expiration of the Agreement period have been completed.
4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with
Schedule defined in each Notice to Proceed
performance of this Agreement.
Time is of the essence with respect to the
4.3. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay,
4.4. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
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CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.5. Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.6. In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation ", which is attached hereto and made a part hereof.
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ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
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the five (5) year period noted above, or such later date as may be required by law; provided,
however; such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses
and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the
extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
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9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self -
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self - insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
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or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2. Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3. CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub - subconsultants or sub - subcontractors.
10.4. CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
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however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
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12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the- remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANTSs remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
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12.6. In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty -five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
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13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1- No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
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Board of County Commissioners
Collier County Florida
Procurement Services Division
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services Division
Telephone: 239 -252 -8407; Fax: 239- 252 -6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Stantec Consulting Services Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Phone: Telephone: 239 - 649 -4040; Fax: FAX: 239 - 643 -5716
Attn: David S. Wilkison, PE
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
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17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
17.8. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9. The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE (To be subsequently, provided
with each /Notice to Proceed)
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP # 14 -6345 Construction Engineering and Inspection (CEI) Services for the
Wastewater Basin Programs Terms and Conditions
Consultant's Proposal
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ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT /PUBLIC ENTITY CRIMES
19.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
192. By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public
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entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and
may not transact business with any public, entity in excess of the threshold
amount provided in s. 287.017 for CATEGORY TWO for a period of 36
months following the date of being placed on the convicted vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision- making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision- making authority and
by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Aggreement for Construction Engineering and inspection (CE-1) Services Services the day
and year first written above.
ATTEST:
Dwight E. Brock, Clerk
Date:
Approved as to Form and Legality:
)
Assistant County Attorney
Name
Witness
Name and Title
Witness
Name and Title
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
By:
Tim Nance, Chairman
Stantec Consulting Services Inc.
Name and Title
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" Wastewater Basin Programs"
[MPS 101 Basin]
SCHEDULE A
SCOPE OF SERVICES
Construction Engineering and Inspection Services
Consultant's inspectors shall observe regular construction and testing activities related to the
Program as directed by the Project Manager, including rehabilitation work. Construction /testing
reports and pictures of construction will be prepared daily in the field with approved electronic
devices (Laptop PC or tablets) on the day the construction activity takes place by the
Construction inspector. All construction documentation will be provided no later than 7 PM of
the day work took place via electronic E -mail to the project manager and designated recipients.
A hard copy will be kept in the Consultant's project file.
Travel time to or from the work site will not be compensated. Additional hours outside of the
normal work day are to be compensated for at the standard hourly rate as included in the
contract schedule. Once a project begins, all changes to staffing are to be approved by Collier
County. Changes to personnel will not result in additional compensation to acclimate staff to the
project. All staff will be required to undergo a County background check and maintain a County
identification badge during the contract period at the firm's expense.
Consultant's inspectors and their alternates should be certified for Class 11 Asbestos Work (8
hour OSHA course) and keep the certification current thru the entire construction project.
The CEI services will include the following tasks:
Task 1.0 — Construction Observation and Documentation
Task 2.0 — Construction Inspector and Project Oversight
Task 3.0 —Additional Services
Task 1.0 — Construction Observation and Documentation
The Consultant's construction inspector (or activity observer) will provide the services outlined
below.
1.1 — Construction/Testing Observation - The construction inspector will conduct on -site
observations and inspections of all construction /testing activities on the Project on a full or part
time basis unless directed otherwise by the project manager to ensure that all work is completed
in accordance with the Contract Documents. The Construction Inspector will inform the project
manager and the on -site superintendent of the construction /testing contractor of any concerns
related to conformance of the work with the Contract Documents (a concern or an Issue) as an
attempt to resolve any concern or issue on- site. If the concern or issue is not immediately
resolved in the field, the Construction Inspector shall inform the Engineer of Record (EOR) and
the project manager in writing about the concern or issue within eight (8) business hours, but not
more than one (1) business day after the discovery of any concern or issue. The FOR will be
responsible for investigating the concern or issue and resolving the same through a written
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directive to the construction contractor and so inform the project manager and the Construction
Inspector in writing. This protocol will be initiated any time the Construction Inspector becomes
aware of any construction that is unsatisfactory, faulty or defective, does not conform to the
Contract Documents, does not meet the requirements of any inspections, tests or approval
required to be made, or has been damaged before final payment. The Construction Inspector
will maintain a separate Issue Resolution Log documenting any issue or concern that is
conveyed in writing to the EOR, including the written directive resolving the issue or concern.
1.2 - Log and Construction Documentation — The construction inspector will prepare a daily log
with pictures recording activities and details related to the work on a form approved in advance
by the project manager. information will be recorded in the log when at the Project Site. Log
entries will record all relevant aspects of the construction observed while on site including, but
not limited to: construction crew (labor) details, equipment used, materials used, compliance
testing and inspection performed, weather, temperature, site conditions, trench conditions,
backfill material used, dewatering methods, compaction methods, location of the work, and all
other details related to the Work. The log will reference the digital photographs and or video
taken with appropriate file names and file locations. In addition to the construction details, the
daily log will contain information related to: time and hours on the job site, weather conditions,
data pertaining to questions of quantities of materials used, extras or deductions, list of visiting
officials and representatives of manufacturers, fabricators, suppliers and distributors,
observations in general and specific observations in more detail as in observing test procedures,
conformance inspection of materials and fittings, name plate data for equipment and material
installed, customer service field log, and other information requested by the project manager.
Logs, photograph files and other construction documentation will be provided to the project
manager by the Construction inspector on a daily basis in an electronic file via E -mail, on a
digital CD only if requested by the project manager and a printed copy to be maintained on the
project site in the inspector's trailer. All daily reports shall be prepared in the field.
1.3 — Photographic and Video Record — The Construction inspector will provide a
comprehensive digital photographic record of all construction activities related to the Project.
The digital file names will be referenced in the log along with a brief description of the
photograph, the date and time of the photograph and the name of the photographer. The digital
files will be transferred via E -mail to the project manager on a daily basis, to a digital CD if
requested by the project manager, and submitted on a daily basis along with the construction
documentation. The photographs may be electronic sent via E -mail to the project manager on a
daily basis. If requested by the project manager, pictures will be printed in high resolution color,
two captioned photos per 8 'h" x 11" sheet, printed one side only. The prints if requested will be
provided to the project manager when needed. If requested by the project manager, video will be
provided in digital format on DVD bi- weekly.
1.4 - General Coordination — The Construction inspector will coordinate all activities related to
the Project between the construction contractor, the FOR and the project manager. The
Construction inspector will oversee substantial and final completion inspections, and prepare
and maintain the punch list, including follow -up inspections to ensure that punch list items are
corrected and /or completed. Coordination may also include, at the project manager's direction,
coordination with the County Utilities Department for testing and construction of required
connections to existing facilities. The Construction Inspector will also coordinate, as directed by
the project manager, with residents, business owners, and the general public. The County
reserves the right to remove any Construction Inspectors from a project at any time for failure to
adhere to County policies and procedures.
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1.5 - Observe Regulatory Agency Inspections — The Construction Inspector will accompany
visiting inspectors representing any regulatory agencies having jurisdiction over the Project and
will record all discussions and the outcome of these regulatory inspections in the logs. The
Construction Inspector will always notify the project manager prior to any such inspections.
1.6 - Construction Progress Meetings — The Construction Inspector will coordinate bi- weekly
progress meetings chaired by the project manager, attended by the construction contractor to
review project status and identify issues that may affect the Project. The Construction Inspector
will prepare a DRAFT Agenda at least two (2) business days in advance of the each meeting
and issue written meeting notes identifying a summary of the discussion, conclusions and any
risks that have been encountered or are expected within two (2) days after the meeting to the
project manager, EOR, and the construction contractor.
1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial
completion inspections when requested by the construction contractor and the FOR
recommends that the work is sufficiently complete to warrant a substantial completion
inspection. During the substantial completion inspection the Construction inspector will prepare a
punch fist of items requiring completion or correction to the satisfaction of the FOR and the
project manager. The Construction Inspector will be responsible for maintaining the punch -list
and issuing updates to the punch -list on a weekly basis. The Construction inspector will
coordinate and participate in the final walk - through to ensure that the punch -list items are
completed to the satisfaction of the FOR and the project manager. All services related to the
Substantial Completion Inspection shall be provided in writing and pictures to the project
manager for the Project.
1.8 — Final Completion Inspection - Upon the request of the construction contractor and
concurrence of the FOR and the project manager, the Construction Inspector will conduct final
inspections of portions of the project, as they are finished to determine if construction has been
completed in accordance with the Contract Documents and the construction contractor has
fulfilled all obligations therein. Based on the results of the final inspection, the EOR, project
manager, and the Construction inspector will judge the work complete or not complete. If the
work is judged complete, the Construction Inspector will issue a "notice of final acceptance and
recommendation for final payment ". If the work is judged not complete, the Construction
inspector will issue written instructions to the construction contractor identifying the work judged
not complete. Upon provision of the construction contractor evidence or assurance that the
deficiencies noted above have been corrected or completed, a second final inspection will be
scheduled to verify that the outstanding issues have been resolved and the Construction
inspector can issue a "notice of final acceptance and recommendation for final payment ". All
services related to the Final Completion inspection shall be provided to the project manager of
the Project.
1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and
recommendation for final payment" the Construction inspector will provide a signed and sealed
certification by a professional engineer of the FOR in responsible charge of the work provided by
the Construction inspectors stating that the "Project has been completed by the construction
contractor in accordance with the Plans and Specifications of the Contract Documents as
amended by the Engineer of Record ". All services related to the Final Construction Certification
shall be provided to the project manager of the Project.
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1.10 — Public Information Web Site — The county may elect the selected consultant to provide
weekly project update on a project specific web site in order to advise the public of a project's
progress and upcoming construction activities.
TASK 2.0 — Construction Inspector and Project Oversight
2.1 - General Management and Oversight — The Construction inspector will provide support
services customarily related to the construction observation and inspection of similar projects
including, but not limited to the following:
a. Participate in a pre - construction meeting with the project manager, EOR, and the
general contractor.
b. Participate in other meetings as described or implied herein.
C. Review and verify correctness of the construction contractor's monthly applications
for payment and accompanying data and recommend approval of payments due to
the construction contractor. The Construction inspector's recommendation of any
payment requested in an application for payment shall constitute a representation
by the Construction inspector to the project manager as an experienced and
qualified professional, that based on Construction inspector's onsite observations
and inspections of construction in progress, that the construction quantities in the
applications for payment accurately reflect the progress of the work and that the
work is constructed in accordance with the Contract Documents. The Construction
inspector will process pay requests in accordance with the Florida Prompt
Payment Act. All incoming pay requests processed by the Construction inspector
shall be mechanically stamped with the date received.
d. The Construction inspector will review the monthly updates to the construction
schedule prepared by the construction contractor and provide written comments to
the project manager and EOR.
e. The Construction inspector will provide such field testing and verification that all
materials, equipment and supplies installed or utilized on the Project are in full
accordance with the Contract Documents and approved Shop Drawings provided
by the EOR.
Within one week after the construction contractor notifies the FOR and the project
manager that the Work on the Project is substantially complete in accordance with
the Contract Documents, the Construction inspector will provide a signed and
sealed certification by a professional engineer registered in the State of Florida,
that the Work was done under his supervision and performed in accordance with
the Contract Documents, including all approved shop drawings and change orders
except as noted.
2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The
Construction inspector will coordinate with the design engineer (EOR) regarding the issuance of
interpretations and clarifications of Contract Documents during construction. The Design
Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation
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and clarification of Contract Documents. The Construction inspector shall coordinate the Design
Engineer's (EOR) decisions and responses with the construction contractor.
2.3 - Monitor Project Records — The Construction inspector shall monitor all required Project
records, including but not limited to delivery schedules, inventories and construction reports.
2.4 — As Constructed Field Drawings — The Construction inspector shall maintain red pencil
"mark -up" notations and sketches on full size construction plans that reflect the actual details of
constructed facilities. These Constructed Field Drawings will be used by the Construction
inspector to validate the "As Built" documentation provided by the construction contractor. The
Construction inspector will notify the project manager, FOR and the construction contractor of
any differences in the documents maintained by the general contractor and the Construction
inspector on a weekly basis for resolution by the EOR.
2.5 — Start-up and Re- commissioning Support — The Construction inspector will assist the
project manager, the EOR, and the construction contractor during start-up of each segment
designated for Beneficial Use by the FOR and project manager, including but not limited to
signing off on regulatory permits and general coordination between the EOR, project manager,
and construction contractor.
2.6 Asset Management information — Provide asset management information of the constructed
infrastructure in a format specified by Collier County.
Task 3.0 — Additional Services
3.1 — Additional Services (only as authorized in writing) An accordance with the contract or
purchase order, in the event that other services may arise during the course of the work, but
were not envisioned as part of the original or amended scope of work; Engineer shall submit a
proposal to perform Additional Services prior to the performance of the work. The proposal shall
include the specific services to be performed, time to complete, compensation, and an
explanation as to why the services were not previously envisioned as part of the scope of work.
The proposed Additional Services must be approved by the project manager in writing in
advance of performance of said Additional Services. Failure to notify the project manager in
writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such
services were Additional Services. Written authorization from the project manager will be
required for any charges that exceed the predetermined upper limit.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [MPS 101 Basin]
SCHEDULE B
BASIS OF COMPENSATION
TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then - authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1 All monthly status reports and invoices shall be mailed to the attention of
Corinne Trtan, 3339 East Tamiami Trail, Suite 303, Naples, FL 34112, (239) 252 -4233.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, all in
accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect
payroll related costs and fringe benefits, all in accordance with and not in excess of the
rates set forth in the Attachment I to this Schedule B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
13.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out -of- pocket expenses incurred in the performance of all such
services.
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B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution,
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees and Reimbursable Expenses earned that month for both Basic
Services and Additional Services. Invoices shall be reasonably substantiated, identify the
services rendered and must be submitted in triplicate in a form and manner required by
Owner. Additionally, the number of the purchase order granting approval for such
services shall appear on all invoices.
B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non - payment under the legal doctrine of "laches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and the Project name and shall not be submitted more than one time monthly.
B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage
Owner has determined CONSULTANT has completed such task as of that particular
monthly billing.
B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark -up by the CONSULTANT, and shall consist only of the following items:
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83.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings
and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S.
Further, such expenses, if approved by OWNER, may include mileage for trips
that are from /to destinations outside of Collier or Lee Counties. Such trips within
Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
8.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
fnr thQ Wanteluater Basin Programs" [MPS 101 Basin]
SCHEDULE B
Attachment I
Title
Standard Hourly
Rate
Principal
$
202.00
Senior Project Manager
$
157.00
Project Manager
$
147.00
Senior Engineer
$
157.00
Engineer
$
123.00
Senior Inspector
$
110.00
Inspector
$
95.00
Senior Planner
$
172.00
Planner
$
139.00
Senior Designer
$
114.00
Designer
$
94.00
Environmental Specialist
$
109.00
Senior Environmental Specialist..__
$
134.00
Scientist/Geologist
$
93.00
Senior Scientist/Geologist
$
118.00
Marine Biolo ist/H dro eolo ist
$
110.00
Senior Marine Biologist/Hydroqeologist
$
138.00
Senior GIS Specialist
$
147.00
GIS Specialist
$
95.00
Clerical/Administrative
$
65.00
Senior Technician
$
95.00
Technician
$
72.00
Surveyor and Mapper
$
120.00
CADD Technician
$
95.00
Survey Crew — 2 man
$
130.00
Survey Crew — 3 man
$
161.00
Survey Crew — 4 man
{ $
189.00
Senior Architect
$
154.00
Architect
$
121.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support
and other services shall be mutually negotiated by the County and the firm as needed for the Project.
END OF SCHEDULE B.
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Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [MPS 101 Basin]
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self- insured retentions or deductibles under any
of the below listed minimum required coverages, CONSULTANT must identify on the Certificate
of Insurance the nature and amount of such self - insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or
deductibles will be CONSULTANT'S sole responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24)
hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
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shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted
under such policy.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
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(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one, if applicable)
_x_ $500,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
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Applicable —X— Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable _X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? —X— Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Prod ucts/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $50,000
General Aggregate $500,000
Products /Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $50,000
—X—General Aggregate $2,000,000
Prod ucts/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
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Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following; Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self - insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his /her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable _X Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable _X Not Applicable
AUTOMOBILE LIABILITY INSURANCE
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Required by this Agreement? _X_ Yes No
(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
_X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? _X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
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$2,000,000 each claim and in the aggregate
'P5, ^v^V VV each claim cans in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. if no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project- specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self - insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
C. Current deductibles /self - insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
D -8
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7/7/2015 16.C.6.
Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [MPS 101 Basin]
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Stantec Consulting Services Inc. hereby certifies that wages, rates and other factual
unit costs supporting the compensation for the services of the CONSULTANT to be provided
under the Professional Services Agreement, concerning Construction Engineering and
Inspection (CEI) Services for the Wastewater Basin Program [MPS 101 Basin] are
accurate, complete and current as of the time of contracting.
Stantec Consulting Services Inc.
M
TITLE:
DATE:
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7/7/2015 16.C.6.
Contract # 14 -6345 "Construction Engineering and Inspection (CEI) Services
for the Wastewater Basin Programs" [MPS 101 Basin]
SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Additional subconsultants and subcontractors may be added to this Agreement as needed for
the project requirements in accordance with Schedule B.
Title Personnel Category
Joseph Greeley Principal
Marc Lean Project Manager
Kelly Blake Project Manager
F -1
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